The current National Employment Standards which provides for 5 days unpaid Family and Domestic Violence Leave is to be increased to 10 days paid leave from February 1 2023 for employers not classed as a small business, and from August 1 2023 for small business employers.

Family and Domestic Violence Leave to be increased to 10 Paid days per year

Workplace Relations Minister Tony Burke, this morning (28/07/2022) has introduced a Bill into the House of Representatives, known as the Fair Work Amendment (Paid Family and Domestic Violence Leave) Bill 2022, that provides a new entitlement to full-time, part-time, and casual employees.

This Bill provides a paid entitlement to 10 days family and domestic violence leave per year, for all employees.

These entitlements, if they pass both Houses, which I am reasonably certain they will, are scheduled to commence on February 1, 2023, for employer’s who are not a small business, and August 1, 2023, for employers who are small businesses.  Where an employer employs less that 15 employees, they are classed as a small business, if they employ 15 or more, they will not be classed as a small business.

The new leave entitlement will be paid at the rate people would have received had they not taken leave, not just their base rate of pay, which is relevant to shift and roster workers. 

In addition, Employees will not accrue this type of leave in relation to the ordinary hours worked, as is the case with personal/carer’s leave.  Once in place, the 10 days leave will be provided upfront, allowing immediate access to the full entitlement, from the commencement of employment.

Normally casual employee’s do not have access to any paid leave; however, the proposed change in legislation does not differentiate between the status of employees.  Under this Bill, casual employees will be paid for rostered shifts, which would include where a shift has been offered and accepted, which Minister Burke states provides employers with certainty about the rate of payment for the casual employee.

Minister Burke said he had provided significant lead time before the legislation takes effect, because "I need to ensure that the entitlement is understood by both workers and employees and employers".

The current state of play is that the National Employment Standards entitles all employees (full-time, part-time and casual employees) to 5 days unpaid family and domestic violence leave each year. With the introduction of this legislation, the 5 days unpaid leave, will be amended to 10 days paid leave.

More Information

If you require any more information about this matter or any matters dealing with HR/IR, please contact me via my email at john@lambwrc.com.au, or my mobile 0428 112 009.